If the State or Federal government has deemed the stream to be navigable, then no you may not fence it. Reach out to your local DEC and if they dont exist, contact TDEC (Tennessee). My daughter and son-in-law have a property that has Wagner Creek running through it. Hobbs, If you want to be able to go all the way around, you could just use dirt with a culvert at the right level. TWRA makes no representation or warranty as to its accuracy of the placement and location of any map feature or data. If their ponds degrade the fence, you may have legal avenues to get them repaired. Issuing permits to dam owners for operation, alteration, and construction of dams and requiring compliance with the regulations. I do know that you can contact the county department of environmental conservation (DEC) to see if they have a remedy for you. Without the specifics of the property, the title work, the easements in place, etc, it is nearly impossible to make an accurate answer to that. If their construction pollutes the waters below them, they may be subject to fines. If no permit was issued, there may be all sorts of things coming their way. Who do I contact and where do I start to find out if this is even a possibility. What rights do I have? Daily creel limit of Class C bait fish is 50 fish in aggregate; 100 fish in aggregate possession limit for live and . In 2010 there was a major storm that flooded a large portion of Nashville Tn including the Bordeaux community. William R. Snodgrass Tennessee Tower If it is a private road, then maybe. I live in Franklin County i am having an issue with a neighbor that has restricted the road tile so that the water back up onto me. The first step would be to talk to the engineering department within the Utility and discuss the ability to serve your property. Tennessee Department of Environmental Conservation (TDEC), http://www.lexisnexis.com/hottopics/tncode/, https://www.tn.gov/twra/license-sales/fishing-licenses.html, Here is a link to their FAQ regarding dock permitting, Is It Illegal to Collect Rainwater? As far as I know, your neighbor (as do you) has the right to use ALL of their land. You would need to see the deeds to know (and possibly state law on interpreting who owns what). There, 50 years ago, a low dam was constructed in a misguided effort to prevent warm water fish (including green sunfish, bream and creek chubs) in Indian Boundary Lake from migrating into the trout waters of Citico Creek. This permit is only issued after Safe Dams staff reviews and approves plans and specifications submitted by a professional engineer licensed in the state of Tennessee. As you can see, the answer and subsequent judgment may cost more than the lost land is worth. Our neighbor has moved their dock right in front of our property. That's because every winter, the county lowers the water levels in the lake which exposes the specimens that would otherwise be covered. There are also state wetlands on my property. The Bear Creek Floatway, which flows into Bear Creek Reservoir, is a popular spot for teaching first-timers to negotiate rapids and work with the current. The American Beaver is an aquatic mammal and the largest rodent in North America. Beaverdam Creek, Hickman County, Tennessee. Is it legal to dam a creek in Tennessee? Given the situation, TVA changed its dock permitting policy and now require a landowner to either show ownership or rights to use the land below the 1075/1002 contours to get a dock permit. This would be a call for an attorney well versed in land law and would likely require a judges decision. So, I would recommend finding an attorney familiar with environmental and boundary law. Their property is next to ours. New for 2023. We have a cross street 4 lots down (all lots are about 5-10 acres, and under the cross street are two large culverts (at least 4 feet across each to handle sudden large volumes of water under the street). The ditch ends at the end of the Sumner County Maintenance line which is the beginning of my private gravel drive. Therefore, he is blocking my access to city water. In the end, you will likely need to spend money to get this resolved. I would suspect there is a risk of embalming fluid leaching into the surrounding soils, but I would hazard a guess that it would be nominal at best. There is an old adage, easier to seek forgiveness than approval. My water line is running straight across the creek, (originally) buried under the creek gravel, Id assume near bedrock. This practice when on for decades until a relatively recent event happened. I was wondering if me and my cousins could take kayak or canoes down creeks around my house and fish with out getting on the shores of the creeks or If the property owners could stop us from doing so or charge us with trespassing the creeks would include Hines creek which starts in union county behind my house and runs into the clinch. I have a creek that surrounds 1/2 of my property. The destruction of a dam is something that I am sure has legal ramifications. Just remember, EVERYTHING you are doing in regards to this is for AGRICULTURAL purposes and absolutely none of it is for financial benefit. If you do not have or want to retain a lawyer, you should look to your title work to see if you have any access written and recorded. ARAP permits may not be issued for alterations that would damage those uses unless there is an over-riding social or economic benefit to the local community. This is a question for your state department of the environment. Some of the duties of the Safe Dams Program include: Under the Tennessee Safe Dams Act, a dam is defined as any structure that is at least 20 feet high or that can impound at least 30 acre-feet of water. The springs have been used non-stop. Talk with the title company, Realtor, and look into any title insurance you may have. This person then proceeded to sue lakefront landowners who had docks for trespass. Closed on Thursday and Friday during the period March 1 . This is causing a blockage of the drainage and all of us upstream are suffering some pretty extreme flooding situations. How where they able to get permission to build a wall and is that legal. Most all situations regarding property rights, to include riparian, are dealt with by the courts on a per case basis. Riding up and down in creeks could be illegal, and you're expected to know the law. Landfills have LOTS AND LOTS of contaminates AND are typically ALL disturbed land. I wish I could tell you more, but I would suggest that if you are not happy with the way this company is treating a stream, you should file a complaint with TDEC (or your states equivalent). JAVASCRIPT IS DISABLED. Great Smoky Mountains National Park is a special place for many people. Let the joy of discovery soak right down to your bones!" 9. This is natural so I dont believe there is much I can do, legally. Furthermore, you are claiming that TWRA and TVA have declared the waters adjacent to #3 as navigable and that they cannot construct a dock. The farmers aren't likely to care if you take the pile of rocks they tried to get rid of, so long as you can do it without messing up the field. Government web sites are not always the most forthcoming with information. We are talking acres of flooding here that used to not flood. It is far more likely that your land and that of the neighbors have changed the flow of water more than a cemetery would. I dont know about liability. I have a neighbor who has a corrigated plastic pipe that extends from his drain spout and goes underground between the two properties into my yard,and empties from a slope onto my backyard. Save. I am aware of the formation of Reelfoot Lake, but not anything about any issues of Riparian Rights. First off, a surveyor is not a legal advisor. This is WAY over my pay grade. The new owner put a fence up in front of the creek. That, I cannot speak to exactly. NCSL actively tracks more than 1,400 issue areas. In essence, the State claims control over any water that will or might connect to other sources, such as a stream or subterranean aquifers or any such situation. Summer Fly Fishing Is In Full Swing in the Smokies and East Tennessee June 8, 2020; Smokies Gradually Open Up More Areas May 22, 2020; Spring Fishing Has Arrived in the Smokies March 11, 2020; Extreme Wet Weather and Flooding in the Smoky Mountain Region February 7, 2020; See More. You usually have the right to canoe through someone's property on a stream. It may be possible to sue for your expenses, but that is a conversation for either your attorney or the judge (if you are pro se). My neighbor has said no, does this neighbor have legal rights to block public utility water? They told me I would have to run my own line in front of my neighbors home on their property and get permission from my neighbor to do so. I dont think anyone could say what the outcome would be. No other environmental problems with the pond were identified by the EPA. Do we gave a right to stop them from using our driveway? New for 2023. They may have an opinion on the obstructions. So after every heavy rain theres a water erosion ditch that extends down the slope and into another neighbors yard, where it disperses more evenly. The fallen trees are a result of bank erosion. If a river is behind your house, can the homeowner claim the land all the way to the edge of the river and put up no trespassing signs? Might be something good for a PhD candidate to investigate. I own a home on a private lake that is owned by a resort. I am dealing with a utility district who has provided city water to everyone on my street except me. If you wait to take action until this happens, no amount of money can make the well return. I aways wonder one day someone would challenge it and figure our what the law is. Where do I start? Does the minority owner have rights to use of entire pond without permission or can we legally tell them to stay off our portion? Do we have any rights to get our lake access back? If a person walks down the middle of the creek, through my property, without my permission, can I order them off my property . (this opinion is based on my work within Tennessee). 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